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CABEâ&#x20AC;&#x2122;s March to the Capital

Patrice McCarthy Deputy Director and General Counsel, CABE

Representative Andrew Fleischmann and Senator Gayle Slossberg were honored at CABEâ&#x20AC;&#x2122;s Day on the Hill. (See page 8 for photos.)

In presenting the award to Representative Fleishmann, CABE President Ann Gruenberg noted that he has strongly defended public education at the Legislature for 21 years, having chaired the Education Committee for 16 years. â&#x20AC;&#x153;He probes deep and truly has students in the See DISTINGUISHED page 15

Shared Services White Paper The Connecticut Association of School Business Officialsâ&#x20AC;&#x2122; (CASBO) first edition white paper on consolidation shared services was published in 2003 and has recently been revised to update that information. It was felt that more practical information was needed in terms of the pros and cons of different types of cooperation and case studies, copies of formal contracts and the like, would serve community leaders and public officials better.

The paper is broken down into nine major categories: 1. Health, Dental, Liability, Property and Workerâ&#x20AC;&#x2122;s Compensation Insurance 2. Maintenance of Parks, Athletic

Fields, Buildings, Grounds and Vehicles 3. Computer Hardware, Software, Financial Management Systems and Information Technology Staffing 4. Shared Finance Office and Operations 5. Co-Operative Purchasing, Bidding and Purchasing Consortiums and Regional Education Service Centers (RESCs).

6. Human Resources and Negotiations with Certified Staff 7. Cafeteria Services and Director 8. Transportation Services 9. Safety and Security Operations Over the past year or so, members of the CASBO taskforce have updated the white paper regarding information about See SHARED page 15

Connecticut Association of Boards of Education Inc.

Shared Services Taskforce Chair, CASBO

81 Wolcott Hill Road Wethersfield, CT 06109-1242

Richard Huot

CABE/CAPSS CONVENTION Children First: Opening Opportunities for All! Tony Wagner Friday Morning Speaker Lisa Steimer Senior Staff Associate for Professional Development, CABE

The CABE/CAPSS Convention Committee is delighted to announce that Tony Wagner will be our Friday morning (November 18) General Session speaker at the CABE/CAPSS Convention.

Dr. Wagner currently serves as an Expert In Residence at Harvard Universityâ&#x20AC;&#x2122;s new Innovation Lab and as a Senior Research Fellow at the Learning Policy Institute, founded by Linda DarlingHammond in 2015.

Prior to these appointments, Tony was the first Innovation Education Fellow at the Technology & Entrepreneurship Center at Harvard, and the founder and co-director of the Change Leadership Group at the Harvard Graduate School of Education for more than a decade.

His previous work experience includes twelve years as a high school teacher, K-8 principal, university professor in teacher education, and founding executive direc-tor of EducaTony Wagner tors for Social Responsibility.

Dr. Wagner is a frequent speaker at national and international conferences and a widely published author. His work includes numerous articles and six books.

Tonyâ&#x20AC;&#x2122;s latest, Most Likely To Succeed: Preparing Our Kids for The Innovation Era, co-authored by Ted Dintersmith, was just published by Scribner. Creating Innovators: The Making of Young People See CONVENTION page 2

Male AfricanAmerican Teachers

Nutmeg Board

CABE Day on the Hill Highlights

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Policy Corner

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Periodical Postage PAID Hartford, CT

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The Journal – Connecticut Association of Boards of Education/April 2016 PRESIDENT COMMENTARY

Springing Forward April 1st has come and gone, and it’s no joke!

While we try to maintain our sense of humor, in truth we are collectively frequently moving along at a doubletime pace in order to do what is necessary, especially with a short legislative session.

Not only is it a federal election year, it is also a year when the State of Connecticut is attempting to re-orient its financial status after years of relying on diminishing resources. The necessity of addressing fiscal management is evident.

We are all compelled to do what we can to rein in the spending and to find/create efficiencies. Finding ways to reduce expenditures is mutually helpful. Shared services and cooperative agreements are among the many potential strategies to reduce budgets without compromising the quality of programs (see page 1).

The goal of advocating for reduced mandates corresponds well with the fiscal priorities. The key is to strengthen important aspects of various supports, not to arbitrarily cut essential components regarding what is offered. For example, professional development focusing on important initiatives, “Our responsibilities including those that may have as members of recently been Boards of Education introduced, provide imporinclude working tant perspectives. with others to An example would be the accomplish what recently-passed is necessary to legislation regarding support the policies and procedures educational focused on experiences of all reduction of students across the child maltreatment. On the other hand, state, living in professional a range of development that is reduncommunities.” dant and without new content, is costly to school districts in multiple ways, including money and time. When professional development is offered at times when children are in school, districts have the additional expense of paying for substitute teachers and/or assistants.

The CABE Day on the Hill was one of many opportunities for you as board members and administrators to be involved and work with teams to continue to advocate for priorities. It was encouraging to see students joining the group to listen and share their perspectives. Many indicated how meaningful the experience was. We’re hoping to also see many people from Connecticut at the NSBA Conference in Boston this April.

Ultimately, our priorities always need to return to students. With the extra financial concerns and urgency regarding the budget, it may appear that we need to rush to action in the form of a significant reduction in expenditures with associated cuts to services. The urgency may contribute to a sense of desperation, as well as the belief that there is some inevitability regarding outcomes.

It is understandable if people respond to the sense of urgency with acquiescence and resignation regarding the perception of inevitability. That, however, does not need

to be the final conclusion.

It is possible that a different perspective might help, along with pausing briefly to consider options.

Instead of Ann Gruenberg assuming that we cannot afford support for certain initiatives, an emerging truth may be that we cannot afford to cut certain programs. We cannot afford to interrupt the momentum, for instance, toward restructuring opportunities to increase diverse representation.

We cannot afford to stop supporting initiatives that increase equity and diversity. In this moment, it is imperative that we, as much as possible, sustain support for programs that enhance social justice. We can also focus on supports and potential initiatives that do not carry a big price tag.

While there are many issues that are far from joking matters, we can work together to maintain our equilibrium and make progress where possible.

During this season when natural wonders burst forth, we hope that flowers, showers, and warmer weather will lift our spirits and help us sustain our collective work toward identified priorities, including budgets that are functional and responsible.

This is a season when high school students are looking to the future, and younger students often have growth spurts. Our responsibilities as members of Boards of Education include working with others to accomplish what is necessary to support the educational experiences of all students across the state, living in a range of communities. The pace of a short legislative session is often intense. We can hopefully contribute to the effectiveness and efficiency and we participate in varied ways.

Convention (continued from page 1) Who Will Change The World, was published by Scribner in 2012 to rave reviews and has been translated into 12 languages.

His 2008 book, The Global Achievement Gap continues to be an international best seller, with a Second Edition recently released.

Dr. Wagner recently served as the Strategic Education Advisor for a major new education documentary, “Most Likely to Succeed,” which had its world premiere at the 2015 Sundance Film Festival.

He also collaborated with noted filmmaker Robert Compton to create a 60-minute documentary, “The Finland Phenomenon: Inside The World’s Most Surprising School System” in 2010.

Dr. Wagner earned an M.A.T. and an Ed.D. at the Harvard University Graduate School of Education.

The CABE/CAPSS Convention Bookstore will have copies of Dr. Wagner’s most recent books available for sale. Dr. Wagner will do a book signing immediately following his session.

Mission: To assist local and regional boards of education in providing high quality education for all Connecticut children through effective leadership.

Vision: CABE is passionate about strengthening public education through high-performing, transformative local school board/superintendent leadership teams that inspire success for each child.

CABE Board of Directors EXECUTIVE COMMITTEE Ann Gruenberg .................................................. President, Hampton Robert Mitchell ................................ First Vice President, Montville Donald Harris ................ VP for Government Relations, Bloomfield Elizabeth Brown ....... VP for Professional Development, Waterbury Elaine Whitney .................................. Secretary/Treasurer, Westport Richard Murray ........................ Immediate Past President, Killingly John Prins ............................................. Member at Large. Branford Lydia Tedone ........................................... NSBA Director, Simsbury

AREA DIRECTORS Jonathan Moore ................................ Area 1 Co-Director, Region 1 Susan Karp ................................... Area 2 Co-Director, Glastonbury Donald Harris ................................. Area 2 Co-Director, Bloomfield Michael Purcaro ...................................... Area 3 Director, Ellington Douglas Smith ........................................ Area 4 Director, Plainfield Michelle Embree Ku .............................. Area 5 Director, Newtown Jennifer Dayton ............................. Area 6 Co-Director, Greenwich Roxane McKay ............................. Area 7 Co-Director, Wallingford Lon Seidman ................................................. Area 8 Director, Essex Andrea Ackerman ..................................... Area 9 Director, Groton

ASSOCIATES Eileen Baker .............................................. Associate, Old Saybrook Sharon Beloin-Saavedra .............................. Associate, New Britain Robert Guthrie .............................................. Associate, West Haven Robert Trefry ........... Associate, CT Technical High School System

COMMITTEE CHAIRS Donald Harris ......................... Chair, Federal Relations, Bloomfield Becky Tyrrell ...................................... Chair, Resolutions, Plainville Christopher Wilson ........................... Chair, State Relations, Bristol

CITY REPRESENTATIVES Matthew Poland ................................ City Representative, Hartford Carlos Torre .................................. City Representative, New Haven Jacqueline Heftman ........................ City Representative, Stamford Charles Stango ............................... City Representative, Waterbury

STAFF Robert Rader ....................................................................... Executive Director Patrice McCarthy .................................. Deputy Director and General Counsel Rebecca Adams ............................................................... Senior Staff Attorney Bonnie Carney ............................................ Sr. Staff Associate for Publications Nicholas Caruso ............................................ Sr. Staff Assoc. for Field Service and Coord. of Technology Sheila McKay ............................. Sr. Staff Associate for Government Relations Vincent Mustaro ..................................... Sr. Staff Associate for Policy Service Lisa Steimer .............................. Sr. Staff Assoc. for Professional Development Teresa Costa .................................. Coordinator of Finance and Administration Pamela Brooks ......................... Sr. Admin. Assoc. for Policy Ser. /Search Ser. Terry DeMars ............................................... Admin. Assoc. for Policy Service Gail Heath ........................................ Admin. Assoc. for Government Relations Wilmarie Newton ........................................ Admin. Assoc. for Labor Relations Nancy Propfe ....................................... Admin. Asst. for Membership Services Corliss Ucci .................................. Receptionist/Asst. to the Executive Director

The CABE Journal (ISSN 1092-1818) is published monthly except a combined issue for July/August as a member service of the Connecticut Association of Boards of Education, 81 Wolcott Hill Road, Wethersfield, CT 06109, (860) 571-7446. CABE membership dues include $30 per person for each individual who receives The CABE Journal. The subscription rate for nonmembers is $75. Association membership dues include a subscription for each board member, superintendent, assistant superintendent and business manager. The companies and advertisements found in The CABE Journal are not necessarily endorsed by CABE. “Periodicals Postage Paid at Hartford, CT.” POSTMASTER: Send address changes to The CABE Journal, CABE, 81 Wolcott Hill Road, Wethersfield, CT 06109-1242. Email: bcarney@cabe.org.

Members can find the CABE Journal online at: https://www.cabe. org/userlogin.cfm?pp=1024&userrequest=false&keyrequest=YES

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The Journal – Connecticut Association of Boards of Education/April 2016 EXECUTIVE DIRECTOR COMMENTARY

CABE Affiliate Members BUSINESS AFFILIATES DIAMOND MEMBER Finalsite GOLD MEMBERS

Berchem, Moses & Devlin Centris Group Guidance Counselors for Senior Teachers Pullman & Comley Shipman & Goodwin SILVER MEMBERS Anthem Blue Cross and Blue Shield Arthur J. Gallagher & Company Corporate Cost Control Milone & MacBroom, Inc. Perkins & Eastman Siegel, O’Connor, O’Donnell & Beck The Segal Company Sprint Svigals & Partners

BRONZE PLUS MEMBERS BL Companies Coordinated Transportation Solutions Friar Associates JCJ Architecture Milliman, Inc. Morganti Group O & G Industries The S/L/A/M Collaborative Trane

BRONZE MEMBERS Brown & Brown Insurance Chinni & Meuser LLC Dattco Inc. ECG Engineering, PC Fuller & D’Angelo Architects and Planners Goldstein & Peck, P.C. Kainen, Escalera & McHale, P.C. The Lexington Group Muschell & Simoncelli Solutions Employee Assistance Program Suisman Shapiro Attorneys at Law

EDUCATIONAL AFFILIATES American School for the Deaf Area Cooperative Educational Services Capitol Region Education Council The College Board Connecticut Association for the Gifted Connecticut Association of School Business Officials Connecticut Center for School Change Connecticut School Buildings and Grounds Association Cooperative Educational Services EASTCONN EDUCATION CONNECTION LEARN Unified School District #1

Education Leaders Need to Keep Up in Our Changing World Board members and Superintendents need to have a context in which to understand this rapidly changing world. The language and definitions of new ways of looking at issues is important if we are to understand the students, faculty and communities that we will work with, increasingly now and in the future.

Let me give you some examples of concepts, which, while they may not be new, are starting to impact our lives in ways in which we did not foresee when most of us were in school. You may disagree with some of the perceptions behind these concepts, but knowledge of them can help you better understand the concerns of students entering your schools:

“White Privilege” • In examining race relations, the concept of “white privilege” is now getting a lot of attention. This perception (some would say “fact”) suggests that white people in our society have certain advantages as a result of their race. As the majority of people in our country are white and have been in positions of power throughout our history, society naturally provides individual white people with certain advantages that have to be “earned”, if they are at all, by people of color.

A simplistic, but telling example of white privilege: if a person buys Band-Aids and they are “skincolored”, that color will be that of whites. This is not necessarily based on a racism, but it is indicative of an assumption about customers of these bandages.

“Institutional racism” (or “systemic racism”) is a form of racism expressed in the practice of social and political institutions. Like white privilege, there may not have been any intentional racism by individuals that has resulted in these situations. However, institutional racism is reflected in disparities regarding criminal justice, employment, housing, health care, political power and education. Institutional racism may be unnoticed since it is not always explicit.

“Gender Identity” • “Gender identity” is an individual’s conception of him- or herself as male or female (or sometimes, both or neither). “Transgender” is an umbrella term for persons whose gender identity, gender expression or behavior does not conform to that typically associated with the sex which they were assigned at birth. Such a person does not feel “right” with the body in which they were born.

“Gender role”, or “gender expression” on the other hand, is the outward manifestation of personality that reflect the gender identity.

“LGBTQ+” refers to lesbian, gay, bisexual, transgender, queer and/or other ways in which some people identify themselves.

Many young people in particular, speak about their identities on a spectrum, rather than by the labels with which many of us grew up.

Sexual and gender identity, for example, include many different orientations.

One of the more interesting aspects of this “new world” is that some young people no longer want to be automatically called by pronouns such as he or she; people have started to call themselves “they” or “xe” (a gender-neutral pronoun).

Experts suggest that the best way to find out what a person wants to be called is to ask them what their preferred pronoun is.

“Cultural Competence” • “Cultural competence” is an understanding of different cultures so that one can work cross-culturally with others in a positive way. It embraces developing “certain personal and interpersonal awareness and sensitivities, developing certain bodies of cultural knowledge and, mastering a set of skills that, taken together, underlie effective communication.

With more diversity comes the need to be competent in working with the many ethnic, racial and other groups that will come into our schools as students, faculty or members of the public. By becoming more culturally self-aware, you will not only better understand others and how best to communicate with them, but also learn more about your own culture and background.

One example of the need for cultural competence comes with the increasing attention on the Muslim community within the U.S. A growing number of Muslim students have reported being ostracized or even bullied by their peers in the aftermath of terrorist attacks at home or abroad. To make decisions as either a board member or administrator on issues such as which holidays to celebrate or what foods are appropriate for Muslim students, requires understanding that background. Perhaps the best way to do this is simply to get to know

Robert Rader

Muslim members of your community.

With all of these new concepts and definitions, school board members and superintendents need not agree with the concepts and some may feel and sound very different from the more “black or white” (no pun intended) perceptions with which we grew up. But, understanding the concepts and the definitions will help you make better decisions and be better able to discuss these issues with more sensitivity to those who may feel differently and whose orientation is different from yours.

For More Information How does one learn more about these rather new ideas and attitudes?

• Attend a CABE workshop in these areas. In the last few months, working with the Anti-Defamation League, CAPSS and CAS, we have presented workshops on supporting LGBT students, as well as Muslim students. More of these workshops will be forthcoming.

• Speak with the Anti-Defamation League or other groups focused on these issues. ADL, for example, works with faculties and boards, in addition to providing workshops for students. (Stephanie Hertz of ADL was very helpful in the writing of this article.)

• Reach out to those in your community who may be involved in one of the many organizations working in these areas.

• Learn as much as you can about other cultures and ethnic groups.

Yes, it is a different world than many of us grew up in. But, to provide the best education and start for our youngsters, knowledge of these areas is critical.

Lifetime learning has value, not only for our children, but for everyone. I know that school board members and superintendents will learn how best to navigate this “new world” – and our children will be better off for it.

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The Journal – Connecticut Association of Boards of Education/April 2016

Where are the Male African-American Teachers?

Robert Rader Executive Director, CABE

In preparing Connecticut students for the 21st Century, all districts have an interest in ensuring cultural competence and appropriate sensitivity for the increased diversity that they will face.

Demographic change will affect all districts no matter their current racial, ethnic or religious mix, so all Boards and Superintendents should be considering how to prepare their students for the world they will soon enter.

Diversity, of course, affects student achievement. Research has long told us of the difficulties many African-American students have in school. For example, in 2014, the overall percent of high school seniors who met the career and college readiness standard, according to the College Board, was 44.7 percent. The Black or African American percentage was 13.4%.

Overall, the Connecticut four-year graduation rate in 2014 was 87 percent.

The Black/African American rate was 78.6%.

Yes, we’ve made some progress, but not even close to enough.

Among the many reasons reported for the poor showings by Black/African American students is the lack of suitable role models for Black students. Black male role models are particularly lacking in our schools.

How do we help male black students, in particular, to succeed in school and help set them up for a lifetime of success?

Education Week recently published an article entitled, Black, Male Teachers: A Dwindling Demographic. The author reports that nationally, “black males represent roughly two percent of all public school teachers.” Black men, the article continues, “are the most underrepresented demographic in the teaching ranks.

And surveys and anecdotal information show that teachers of color can feel the sting of bias in schools as easily as minority students in mostly white educational environments.”

A 2015 report discussed in the article says that “nonwhite teachers are being hired at a higher proportional rate than other teachers, but they’re also leaving the profession at a higher rate.”

An article from last September in Education Daily quoted Ivory Toldson, Associate Professor at Howard University and Deputy Director of the White House Initiative on Historically Black Colleges and Universities, as saying that his research showed that black men represent 5.5% of the overall U.S. adult population and that only 16% of black men complete a bachelor’s degree so the numbers of black males to draw from starts out small.

Even if black males would like to teach they are often unable to do so because they cannot sustain funding for education or certification examinations or they don’t pass the Praxis Exam.

He went on to say, however, once out of college and in the k-12 workforce, “Teaching is actually a very upward mobile profession for black men.”

According to the article, his research also showed that teaching is the top occupation among black men with a bachelor’s degree.

While not only concerned with black male teachers, action is being taken to create more diversity in our teaching ranks.

Connecticut Minority Teacher Recruitment Activities Last fall, the Federal Department of Education approved SDE’s Access to Excellent Educators Plan, which, among other things, encourages the recruiting of people of color to work in our schools.

I asked SDE Bureau Chief for Leadership Development Ann McKernan about activities that are being done to support minority recruitment. She stated that ten districts had applied for planning grants

MTR Planning Grant Awardees Area Cooperative Educational Services (ACES) (regional partnership with ACES schools, Hamden, Meriden, New Haven and Norwalk) Creates pathways for non-certified staff, including paraprofessionals, to become a certified teacher and expands the Pathways to Teaching program focused on middle and high school students.

Bridgeport Creates pathways for non-certified staff, with a focus on existing staff who hold PA and BS degrees, including paraprofessionals.

Capitol Region Education Council (CREC) Develops a talent pool of interested students to work in partnership with Central Connecticut State University towards entry into an educator preparation program at the Medical professional and Teacher preparation Academy magnet school.

Danbury Expands the Pathways to Teaching program with a focus on high school students working in partnership with Western Connecticut State University.

Hartford Creates pathways for non-certified staff, with a focus on existing staff who hold BA and BS degrees, including paraprofessionals and kindergarten aides.

New London Attracts middle and high school students to the profession, provides scholarships to individuals who are seeking to enter an education preparation program, and facilitates dialogue among district leaders around race and education.

Waterbury Expands student exposure to education as a profession by developing courses, clubs and community partnerships necessary for students to pursue education as a career. Augments current dual credit offerings form institutions of higher education.

Windham Expands Pathways to Teaching through a partnership with LEARN MTR and Eastern Connecticut State University Education Club.

of up to $25,000 “to assist in developing, coordinating and strengthening strategies to increase the racial, ethnic and linguistic diversity of their local educator workforce”.

The following eight districts were awarded grants: Area Cooperative Educational Services (ACES, a regional partnership including ACES, Hamden, Meriden, New Haven and Norwalk), Bridgeport, the Capitol Region Education Council (CREC), Danbury, Hartford, New London, Waterbury and Windham. The money is being used to, among other things, work with various groups on these issues, such as the NAACP; provide financial assistance to minority candidates for teaching positions; and, encouraging middle and high school students to join the profession.

“Diversity in our teaching force is important so that students have educational experiences with people from different racial and cultural backgrounds who bring multiple perspectives to the classroom,” Education Commissioner Dianna R. Wentzell said. “We at the State Department of Education are committed to supporting districts in their efforts to recruit and retain more minority teachers.”

In addition to the action being taken by SDE, the Legislature has established a task force to “study and develop strategies to increase and improve the recruitment, preparation and retention of minority teachers… in public schools in the state.

Such study shall include, but need not be limited to, an examination of current state-wide and school district demographics and a review of best practices.”

There is a bill currently before the Legislature that sets up a teacher pathways pilot program for high school students, to “encourage and recruit minority students to pursue a career in education.” (See Harris Testimony, page 6).

East Hartford Takes Action For information on how an individual district is tackling this issue, I spoke to Superintendent Nathan Quesnel (East Hartford). Here are some of the initiatives going forward in that district: • Conducting bi-monthly Minority Teacher Task Force meetings. o Facilitating the development of a mission statement and diversity action plan for the District.

• Attending the Historically Black Colleges and Universities college fair.

• Coordinating a plan for offering professional development to staff on cultural competency and awareness.

• Working with the Executive Director of Teacher Education Programs at UConn to develop a partnership on Minority Teacher Recruitment (MTR) efforts. (see WHERE ARE page 6)

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The Journal – Connecticut Association of Boards of Education/April 2016 See You in Court – The Nutmeg Board of Education

The Nutmeg Board deals with expelling a student Thomas B. Mooney, Esq. Shipman & Goodwin

The Nutmeg Board of Education makes many mistakes. The latest imbroglio created by the board will be reported here each issue, followed by an explanation of what the board should have done.

Though not intended as legal advice, these situations may help board members avoid common problems.

Nutmeg: The Problem The Nutmeg Board of Education has not expelled a student for over two years.

Not because Nutmeg students are so compliant, however, but rather because the Board appointed a hearing officer two years ago to conduct expulsion hearings on its behalf.

But when Mr. Superintendent called the duly-appointed hearing officer last week to schedule an expulsion hearing, he found out that the hearing officer is away on vacation and will not be back for another three weeks. Mr. Superintendent then called Ms. Chairperson to find out whether the Board wanted to appoint another hearing officer.

“No way!” responded Ms. Chairperson. “We will conduct the hearing ourselves. It has been an age since the Board has done an expulsion hearing.”

“Suit yourself,” said Mr. Superintendent. “Typically, Ms. Board Attorney

“. . . board members serve in expulsion hearings in the role of judges, and judges must be impartial, which has some practical consequences.” represents the Administration at expulsion hearings before the hearing officer. Do you think that the Board will need a lawyer too?”

Ms. Chairperson shot back, “We definitely need a lawyer, and Ms. Board Attorney is ours. I would think that you could handle a hearing on your own, but if you really need the help, you had better find yourself a new lawyer.”

Mr. Superintendent went ahead and retained separate counsel, and he and Ms. Chairperson agreed to schedule the hearing for last evening.

The Board members were all on time for the hearing, eager to hear the story.

But they were disappointed when Mr. Superintendent announced at the beginning of the hearing that he had worked out a deal with the student’s family and their lawyer, local legal scourge Bill Alot, who was also present on behalf of Sally Student.

“Sally Student made a serious mistake when she brought Vicodin pills to school and started passing them out like Necco wafers,” Mr. Superintendent explained to start the hearing. “We recognize that her conduct triggers the mandatory expulsion provisions of the law.

However, Sally is good student, and we have all agreed that she will be expelled for the rest of the school year and will be able to return in the fall. At this point, we simply need the Board’s stamp of approval.”

“Don’t forget the expungement part,” Attorney Alot reminded Mr. Superintendent. “Sally was framed, but we are willing to go along with this stipulation as long as Sally can say on her college application that she was never expelled.”

Veteran Board member Bob Bombast couldn’t hold back any longer. “So did Sally pass out Vicodin out or not? And are you asking that we just play along here so that Sally can lie on her college applications? I need more information!”

“I agree.” interjected Board member Mal Content. “We have some judgments to make, and we have to hear the full story. For example, I want to ask Sally if she took any money. Also, did any of the students take the Vicodin?”

“Wait a minute!” Attorney Alot protested. “We came here as a formality.

All bets are off if we are going to answer questions.”

impartially on the basis of the information presented.

Designation of counsel is another important preliminary matter. Given the board’s duty to act impartially, the same lawyer cannot represent both the board and the superintendent. However, each case must be considered individually. In some cases, it is advisable that both the board and the superintendent have counsel, and in others neither will need counsel.

Considerations include the complexity of the case, whether the facts are disputed, and whether the student has legal counsel.

In any event, the board and the superintendent should understand in advance who will represent whom.

In a typical expulsion hearing, the superintendent presents the case for expulsion, and the student then has a chance to respond. Both can call witnesses, and any witnesses are subject to cross examination and to questioning by the board.

As a matter of fairness, we recommend that the board limit the first part of the hearing to a determination of the facts so that the board decides whether grounds for expulsion exist without regard to the student’s past disciplinary history.

However, once the board has decided that expulsion is warranted, the board should hear about the student’s past disciplinary record, academic achievement and attendance in deciding what to do.

Here, Mr. Superintendent sought and reached an agreement with the family on the length and conditions of expulsion.

Given the Board’s responsibility for expulsions, such an agreement is perforce a recommendation. However, such an agreement is also important because it involves the two parties in interest, and deference is therefore appropriate. The key here is that the board and the superintendent have a clear understanding of whether such stipulated agreements are encouraged and under what circumstances (e.g., will a stipulated agreement be presented “take-it-or-leave-it” or do the parties both understand that the board members will be asking questions).

Finally, while the law provides that notice of expulsion must be included in the student’s cumulative record, it also provides that such notice may be expunged under certain circumstances, including when “such pupil has demonstrated to such board that the conduct and behavior of such pupil in the years following such expulsion warrants an expungement.”

Thus, in making expulsion decisions, boards of education can establish conditions for the student to meet afterwards to have notice of expulsion expunged.

Attorney Thomas B. Mooney is a partner in the Hartford law firm of Shipman & Goodwin who works frequently with boards of education. Mooney is a regular contributor to the CABE Journal.

Nutmeg: The Solution Does the Board have the right to question Sally even though a deal was struck?

When students are excluded from school for more than ten days, the statutory provisions related to expulsion apply, and students can be expelled only by board action, with at least three board members voting to expel. Accordingly, the superintendent and the parents cannot strike a “deal” with finality. Rather, they can (and if possible should) discuss coming up with an agreed resolution to present to the board of education for its consideration and approval.

Before getting to the discussion of stipulated agreements, a few general comments may be helpful. Board members serve in expulsion hearings in the role of judges, and judges must be impartial, which has some practical consequences.

First, board members must not have a personal interest in the matter, and if they do, they should recuse themselves from the hearing.

Second, board members must decide the case on the basis of the information presented at the hearing, and they should exclude from consideration information they otherwise receive (“Hey, Mom. Did you hear about the fight in the cafeteria today?”).

That is not to say that board members must recuse themselves if they have heard anything about the situation; the courts recognize that members of a school community hear things. The important question that board members must ask themselves is whether they can set aside any prior knowledge and decide the matter

The Eighth Edition is here!!

A Practical Guide to Connecticut School Law

by Thomas B. Mooney, Esq. Shipman & Goodwin

The Guide comes with a CD which provides hyperlinks to many cases and statutes and will permit ord searches as a supplement to the Index.

The Eighth Edition was substantially rewritten to reflect statutory changes, significant case law developments in state and federal courts. Some of the numerous legal developments and update are as follows: • School Safety and Security • Bullying Law • Teacher Evaluation and Support • Teacher Tenure Act • New Requirements for Professional Development • Budget Issues • Prohibitions on Electronic Notifications of Referenda • Minimum Budget Requirements • FMLA for Paraprofessionals • Child Abuse and Neglect Reporting Requirements • Uniform Regional School Calendars • Excusal • Student Assessments • Pool Safety • Concussion Prevention and Education • Sudden Cardiac Arrest Prevention and Education • Administration and Storage of Epinephrine • Excused Absences • Student Free Speech • Employee Free Speech

Order your copy TODAY by going to the CABE website: www.cabe.org/page.cfm?p=1241

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The Journal – Connecticut Association of Boards of Education/April 2016 March 9, 2016 | Testimony Before the Black and Puerto Rican Caucus

SB 379 An Act Concerning the Recommendation of the Minority Teacher Recruitment Task Force

Editorial Note: Donald Harris provided this testimony, which legislators urged us to share with our members.

Representative Morris, Representative Santiago and members of the Caucus, good afternoon, my name is Donald Harris. I am the Chair of the Bloomfield Board of Education, Chair of the Capitol Region Education Council and Vice President for Government Relations of the Connecticut Association of Boards of Educ-tion. Additionally, I am a retired educator, having served for 39 years as a teacher and high school principal.

I am here today to voice my support of SB 379, An Act Concerning the Recommendations of the Minority Teacher Recruitment Task Force. I am here today to ask for your strong support not only of this pending legislation, but also of your local boards of education as they endeavor to grow a more diverse teaching staff. Please seek them out to understand how they are working and/or are struggling with this issue. As I am sure you are aware, there are currently only 7% teachers of color within our state teacher workforce. I could tell you how we have

increased our teachers of color percentage to almost 25% in Bloomfield, however we need to do better.

This is a problem that did not show it face recently. It has been an issue for over 40 years which is as far as we need to back track. In 1975, local school systems in the Hartford area created teams that went during April vacation on teacher recruitment trips to Historically Black Colleges in the south with contracts in hand. It was a quick fix that worked for a short time until it came time to cut staff and the old adage of last hired first fired took effect, plus as districts, we did not take the opportunity to mentor this staff so eventually, the effort died out.

At CABE, we have created a Diversity Committee of representatives of Boards across the State to continue to focus on the issue of Diversity, not only within the teaching and administrative staff, but also focusing on the makeup of our Boards of Education. While it is not the function of Boards to hire, it is our responsibility to create policy changes that will help to create a diverse learning environment for our children.

I urge you to support SB 379.

should begin to think about how they can best ensure that leadership, the staff and even the Board are sensitive to the needs of all students.

As the work of the committee goes forward, we will keep you informed.

Should your district have plans, such as those of East Hartford, we encourage you to send a synopsis to us.

References: The Condition of Education in Connecticut : 2013-2014, Connecticut State Department of Education; Education Week, February 17, 2016; Education Daily, September 29, 2014. For more information on the plans districts adopted for the grants, see to http://www.sde.ct.gov/sde/cwp/ view.asp?a=2762&Q=335756.

An invitation to join the New Fairfield (CT) Public Schools Director of Pupil Personnel Services

WHERE ARE (continued from page 4) o Collaborating with EHHS Future Teachers Club to visit UConn and meet with students of color in the Neag School of Education to receive a tour of the campus, meet with admissions officers, attend a panel discussion, etc. o Establishing a mentorship program for EHPS teachers of color to mentor UConn students of color in the teacher education preparation program.

• Actively facilitating targeted recruiting of students of color in UConn student cohort.

CABE Board Is Concerned The CABE Board of Directors has requested that the Association examine diversity issues in public education. A committee, chaired by Donald Harris (Chair, Bloomfield and CABE Vice President for Government Relations), to focus on this has just started meeting. Its charge is to: A. Work to ensure that there is diversity (in particular, people of color) and sensitivity to diversity in all of CABE’s work.

B. Encourage boards of education, school and district leaders, as well as State Government to continue to consider the importance of diversity and multiculturalism in public education.

While we expect the committee to provide recommendations that districts may consider as it moves forward, certainly Boards and Superintendents

Meeting House Hill School recently underwent a complete, state-of-the art renovation.

Diversity in Corporate Leadership Certainly a lack of African-Americans in leadership roles is not unique to education. For example, Fortune Magazine’s February issue had an article entitled, “Leading While Black”. It stated, “For much of corporate America, racial diversity continues to be at best a challenge – and at worst a flat out fiction – particularly in the executive ranks...

There have been only 15 black CEOs in the history of the Fortune 500, of whom five are currently in that role. (Ursula Burns, CEO of [Connecticut based] Xerox is the only woman…” In addition, black men and women account for a mere 4.7% of executive team members in the top 100 U.S. companies by revenue… Even at smaller companies, African-Americans hold an estimated 6.7% of the nation’s 16.2 million ‘management’ jobs.”

The article goes on to say that many black leaders in corporate America speak “of having to constantly calibrate their public miens: striving to appear focused at the office, but not too aggressive;

hungry but not threatening; well dressed but not showy; talented but not too damn talented.” This constant balancing for these leaders sound much like those experienced by women as they try to break the glass ceiling.

So, how do companies deal with the lack of blacks in the upper echelons?

Here are “Three Diversity Strategies That Work”: • Develop talent through long-term mentorship – sponsors can help employees navigate corporate culture.

• “Get people talking. ‘Candid bias-training workshops give employees a common language to identify hidden beliefs without judgment.’

• Make inclusion the CEO’s job.

The company will follow the boss’s lead – and that will make developing a truly diverse workforce everybody’s goal”.

– Robert Rader, Executive Director, CABE

New Fairfield Middle School was honored as CAS Middle School of the Year, 2014-15

More information on this position can be found on the CABE Search Services website at www.cabe.org/page.cfm?p=1177 or contact, Mary Broderick, CABE Search Services 860-608-1763 or email mbroderick.cabesearch@cabe.org New Fairfield Public Schools are an equal opportunity employer

The Journal â&#x20AC;&#x201C; Connecticut Association of Boards of Education/April 2016

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The Journal – Connecticut Association of Boards of Education/April 2016

2016 CABE Day on the Hill Highlights CABE staff members Patrice McCarthy and Sheila McKay brief participants on legislation before this year’s General Assembly.

CABE Executive Director Bob Rader welcomed everyone to the Day on the Hill.

CABE Vice President for Government Relations Donald Harris (Bloomfield) talked about the school board members’ role in Government Relations.

CABE President Ann Gruenberg (Hampton) presented the CABE 2016 Distinguished Legislator Award to (l.) Senator Gayle Slossberg and (r.) Representative Andy Fleischmann.

A Simsbury student participant asking a question of Senator Boucher.

Senator Toni Boucher highlighted some of the pending bills before the Education Committee.

Advocacy Efforts

Representative Randall met with CABE Immediate Past President Richard Murray, Superintendent Kevin Farr and Killingly High School students.

Representative McCarthy-Vahey with Fairfield Board of Education members and her daughter Emma Vahey.

Participants from around the State gathered for CABE Day on the Hill.

Representative Conroy with Derby Superintendent Matthew Conway and Board of Education members.

The Journal â&#x20AC;&#x201C; Connecticut Association of Boards of Education/April 2016

Student Participation

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Students from Branford, Fairfield, Granby, Killingly, New Britain, Region 12, Simsbury, and West Haven attended CABEâ&#x20AC;&#x2122;s Day on the Hill

Superintendent Alan Addley along with two students from Granby.

Simsbury Board Member Lydia Tedone attended with two students from Simsbury High School.

Branford teacher David Gruendel attended with students from the Branford Public Schools.

Board Members Rosa Richardson and Patricia Libero attended with students from West Haven Public Schools.

Fairfield Board of Education member attended with a high school student.

Killingly Board Members Alexis Rich and Jennifer Thompson attended with students from the Killingly Public Schools.

A delegation from Region 12 Public Schools attended with a student representative.

New Britain Board Chair Sharon Beloin-Saavedra and Chief of Operations Paul Salina attended with a group of students from New Britain High School.

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The Journal – Connecticut Association of Boards of Education/April 2016

Supporting Special Education Costs with School-Based Medicaid Reimbursement Megan McCann Product Manager, Centris Group

The arrival of spring in the northeast carries a sense of renewed opportunity to engage perennial challenges more creatively and effectively. For boards of “ education, one of the incontestable and perpetual challenges is securing adequate funding to support the best comprehensive educational environment.

A significant contributor to fiscal stress is the high and growing cost of special education, where spending usually greatly exceeds the federal assistance provided under the Individuals with Disabilities Education Act (IDEA) which has never met its full level of obligation. On average, special education spending in Connecticut accounts for 20% of all K-12 education spending, and this can vary widely from district to district.

Given the limited avenues for securing additional special education funding, school districts may benefit from an increased effort to obtain federal Medicaid reimbursement under the School Based Child Health (SBCH) program.

This program is designed to relieve fiscal stress on school districts (in 1988, Congress authorized the Medicare Catastrophic Coverage Act to allow the use of Medicaid funds to reimburse local education agencies for the cost of special education related health services) through partial reimbursement for the costs of delivering health-related services to students under IDEA. Nationally, it is viewed as a critical responsibility of both special education directors and school boards to pursue reimbursement to the greatest extent possible.

Recent developments at a national

level regarding possible expansion of school-based Medicaid claiming is generating increased interest and discussion on the topic, and, naturally, a heightened focus on how schools are accessing available funds today.

While federal Medicaid reimbursement is currently available only for certain services provided to students receiving special education as per their Individualized Education Plan (IEP), there is early discussion and advocacy for extending reimbursement beyond special education.

Many states are looking into how the Free Care clarification could enhance the school-based Medicaid program.

School districts are advised to employ strategies for optimizing claiming processes under current regulations. If additional school-based Medicaid claiming areas are eventually authorized in Connecticut, a well-managed program will help position districts to quickly incorporate the business processes required to obtain significant additional funds.

Medicaid claiming presents the substantial challenge of merging processes and documentation typical of clinical settings with the daily operations and resources available in an educational setting. Progressive mastery of data that facilitate continuous improvement, strong internal communication and engagement from school officials, and effective use of technology are three key elements of a comprehensive Medicaidreimbursement strategy.

First, it is critical to understand the district’s reimbursement potential, and then strategically address the reasons for any gap between current reimbursement

Available from the CABE Bookstore!

Excellent book for Board Members, Superintendents and Administrators

Understanding the Connecticut Freedom of Information Act and Access to Public Meetings and Records | Fourth Edition to order the FOIA book go to the CABE Online Bookstore at: www.cabe.org/page.cfm?p=1256

and total possible allocation. Reimbursement potential can be estimated by calculating the frequency and duration of Medicaid-reimbursable related services, and applying Medicaid reimbursement rates.

Second, embrace the work of bringing staff into a shared vision of the district’s commitment to take full advantage of this federal funding entitlement. Find ways to incentivize participation, and be transparent in how Medicaid funds contribute to district-wide educational needs. Engagement is an ongoing effort: school leadership must have open lines of communication with district staff or contractors who manage Medicaid claiming, so that the program is perceived as important to the district and expressly supported by leadership.

Finally, it is the district’s responsibility to invest in tools that will improve reporting, reduce effort, and support compliance. Increasingly, districts are looking for integrated data management systems, and the relationship between special education documentation and Medicaid claiming requirements certainly necessitates a single-system solution. An integrated system allows for advanced reporting, and the possibility of tools that calculate and identify key actionable information, such as projected Medicaid reimbursement, or areas for reimbursement optimization and compliance management.

The February 2016 CABE Journal article President Commentary: Getting Organized and Reaching Out, referenced the eight rules for effective boards outlined by CABE executive director Bob Rader, which emphasized the need for a collaborative relationships with staff and the community in order to set and achieve district goals. Now is an excellent time to accept Mr. Rader’s challenges and embrace a more collaborative approach to understanding and managing school-based Medicaid. In our current economic environment, every penny really does count.

For more information on school-based Medicaid in Connecticut: • The Connecticut Department of Social Services provides all regulations, handbooks, and related information regarding the CT Medicaid claiming program. http:// www.ct.gov/dss/cwp/ view.asp?a=2349&q=526930 • The National Alliance for Medicaid in Education is a national organization comprised of members from the nation’s school districts and state Medicaid and education agencies who are involved in administration of Medicaid claiming for school-based services. www.medicaidforeducation.org Megan McCann is a product manager for Centris Group, the provider of IEP Direct and Medicaid Direct. Centris is a Gold Business Affiliate Member of CABE.

CABE-Meeting

CABE-Meeting is a userfriendly online service offered

by CABE specifically for school boards. Users can eliminate unnecessary paperwork, increase efficiency and reduce costs while enabling board members to utilize the latest in cutting edge technology. Using CABE-Meeting, the Meeting Manager can create an electronic meeting from developing the agenda to creating the minutes and everything in between.

CABE-Meeting Offers: • Secure login access for board and district staff • Access from any location with Internet access • Search archived agenda and meeting related items in a flash.

• Ability to download and print attachments • Option to provide a public link to board meeting information Your Subscription Provides: • Access to CABE-Meeting • Initial and ongoing training • Support and maintenance • Upgrades to the service CABE Member Subscription Info: Initial Subscription Fee – $3,000 Annual Maintenance Fee – $1,500

If you have an interest in this service, contact Lisa Steimer at 860-571-7446 or lsteimer@cabe.org.

The Journal â&#x20AC;&#x201C; Connecticut Association of Boards of Education/April 2016

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The Journal – Connecticut Association of Boards of Education/April 2016

CABE: working for YOU Individualized Workshops • Professional Development Opportunities Legal Services • Policy Services • Representing You Statewide and Nationally Below are the highlights of activities that the CABE staff has undertaken on your behalf over the last month. We did this:

•

➤ By providing opportunities

•

for members to learn how to better govern their districts:

•

• •

• • •

•

Provided a training session for the Orange Board of Education and administrative staff on running effective and efficient meetings, applying Robert’s Rules, and complying with the Freedom of Information Act. Attended Pullman and Comley School Law Seminar.

Spoke with Lisa Garner, Executive Director, CAG, regarding a workshop for CABE. Facilitated Fairfield Board’s superintendent search process workshop.

Participated in the CSAE webinar on demography.

Held first meeting of the CABE Board of Directors’ Ad Hoc Committee on Diversity.

Attended Connecticut Bar Foundation

on LGBTQ Youth Issues and the Law workshop.

Participated in Birth to Grade 3 Leaders’ meeting.

Provided policy information to 31 districts, one newspaper, on out-ofstate school boards’ association and the Office of Legislative Review through 52 answered requests for information or sample policies, on 49 topics. Further, districts continue to access CABE’s online Core Policy Reference Manual and/or online manuals posted by CABE for policy samples. The topics of greatest interest included graduation issues, sexual abuse protection, physical activity, restraint and seclusion, immunizations, and the administra-

• •

•

boards to increase student achievement

•

•

•

receive the most up-todate communications:

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Reviewed subscription publications and revised and updated the Glossary of School Board Terms.

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Collective Impact – Creating Change Tuesday, April 19, 2016 Registration 8:30 am Program: 9:00 - 11:00 am Rovins Conference Room, CABE Office, Wethersfield

•

•

➤ By helping school

tion of medication.

➤ By ensuring members

Presented introduction to Lighthouse to the Plainfield Board of Education.

As part of the development of new policy manuals utilizing the Custom Policy Service, materials were prepared for Branford, Cromwell, Fairfield, Milford, New Canaan, Plymouth, Portland, Region #17, Southington and Stratford Boards of Education.

Participated in Lighthouse training with the Shelton, Suffield and the Winchester Boards of Education.

Provided School Governance Training for the Bassick High School, Bridgeport, School Governance Council.

Participated in Performance Evaluation Advisory Council (PEAC) meeting.

Met with President and CEO of the Governor’s Prevention Partnership Jill Spinetti.

Sent out two issues of Policy Highlights via email listserv covering topics that affect student achievement.

This included teens and exercise, ESSA implementation timeline, chronic absenteeism, nepotism and work of effective school boards.

➤ By representing

Connecticut school boards on the state or national level:

• • • • •

• •

➤ By promoting • •

public education

•

Met with Dr. Ben Foster, NAACP, on diversity issues.

Met with new State Board of Education members Malia Sieve and Eric Clemons.

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➤ By providing services

to meet members needs:

• • •

•

Who Should Attend: • Board Members • Superintendents • Administrators For further information or to register for this workshop go to: http://www.cabe.org/ page.cfm?p=1141

What will you Learn: • Making transformational change in your district • Working with a diverse group of stakeholders with one goal in mind.

•

•

•

•

Prepared and conducted CABE Leadership Institute.

Facilitated problem solving session with the Norwich Board of Education.

Attended ConnPELRA public employer labor relations seminar and getting updates on developments in labor law to address at CABE’s labor elations seminar.

COSA webinar regarding administering the ESSA - draft summary of key provisions.

Met with Mystic Marriott staff regarding 2016 CABE/CAPSS Convention.

In the process of completing an audit of the policy manual of the Greenwich Board of Education.

Assisted Westport in development of a new gifting policy pertaining to its art collection.

Placed the Canterbury Policy Manual online utilizing The Connecti-

cut Online Policy Service.

Trending legal topics were: releasing student records; reconsidering, rescinding, and amending previous board action; adopting Board Bylaws; electronic meetings; crowd funding; school safety - lockdowns and lockouts.

As part of the Customized Policy Update Service materials were sent to Ansonia, East Hampton, East Windsor and New Fairfield Boards of Education.

•

•

•

•

• •

Prepared testimony on legislation impacting public education.

Met with numerous Legislators to discuss pending legislation.

Staffed CABE’s Annual Day on the Hill.

Attended Legislative Committee meetings and public hearings.

Attended State Board of Education meeting and monitored State Department of Education roll out of next generation accountability standards.

Participated in meeting of Connecticut Coalition for Public Education.

Spoke with Paul Giguere (CT-N) on attempts to broaden information broadcast on the station.

Attended Governor Malloy’s press conference on changes to the SBAC exam in Connecticut.

Brought together and participated in meeting with Wallingford Superintendent Sal Menzo, CBIA Executive Director Joe Brennan and CBIA Education and Workforce Partnership Andrea Comer to discuss international education.

Participated in meeting of the WhatWillOurChildrenLoseCoalition and CCM Executive Director Joe DeLong on legislative issues.

Met with East Hartford Board Chair Bryan Hall and Superintendent Nate Quesnel about CABE. Participated in Big 6 (CABE, CAPSS, CAS, CBIA, CCER and ConnCAN) press conference and teleconference on legislative issues.

Attended CAS Screening of Salaam Neighbor, a movie about the effect of war in Syria on refugees and others.

Met with the New Haven Register editorial board.

Participated in NSBA Liaison Committee teleconference.

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The Journal – Connecticut Association of Boards of Education/April 2016

The

Media Message

from Ann Baldwin, Baldwin Media Marketing, LLC

Blogs and What You Need to Know Blogging in today’s world is one of the most useful marketing tools that we have directly at our fingertips. It gives us the opportunity to give a large audience a glimpse into the different industries we work in and most importantly the perspective in which we want them to see. Blogging is a great platform to develop relationships with our stakeholders and to build a rapport as an expert in your field.

From an educational standpoint, blogging can be utilized to communicate with your district and local community. In many ways, this has replaced the traditional newsletter as a more real-time method of engaging people in topics such as budgeting, current happenings, and communicating key messages in times of crisis.

You might be wondering where to

start with a blog post if you’re not overly familiar or comfortable with them just yet.

First, take a look at your district and some of the relevant topics that are being discussed, or events that are happening.

Then ask yourself; what main points do you want to get across and what are some important facts about these topics that are crucial to properly educating your audience? The answers to these questions will help get you get started and will also give you a

better shot at connecting with your “followers”.

Writing a blog is not about the length of the post, but the quality of the content.

You don’t have to write paragraphs to get the points across that you’re looking to make. Write concisely in sentences that don’t over exaggerate the topics you’re posting about. The clearer you come across, the more people will take away the information that you’re looking for them to. This applies to the overall aesthetic appeal of your blog as

well. A clean and professional looking format, will not only attract readers, but also help establish your credibility and your audiences trust in your messages.

Lastly, when deciding what content is going to be most effective for your post, think about what will educate, advise, or help someone in your district. The more that people are able to relate to and understand the topics that you’re posting about, the more likely they are to be generally interested and continue reading your blog on a regular basis.

And finally, like anything else, being a blogger takes commitment. If you are going to utilize this communication tool, then you need to keep it fresh and make it a priority.

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The Journal – Connecticut Association of Boards of Education/April 2016

The Policy Corner Vincent A. Mustaro, Senior Staff Associate for Policy Service, CABE

Impact of FOIA on Electronic Participation Among Board Members Connecticut’s Freedom of Information Act (FOIA) is designed to provide for more open government. Boards of education as public agencies must comply with the Act’s provisions.

FOIA 101 The FOIA requires that the meeting of public bodies such as boards of education be open to the public. In addition, public records, with few exceptions, must be available for public inspection or be given to individuals and organizations who request copies. The statute also requires that regular, special and emergency meetings of school boards must be open to the public.

Any hearing or other proceedings of the board, any convening of a quorum of a multi-member agency, and any communication to or by a quorum of a multimember public agency to discuss or act upon a matter over which the public

agency has supervisory control, jurisdiction, or advisory power is defined as a “meeting” under the Act. This statutory definition includes committee as well as telephone and electronic meetings. A voice mail message or an answering machine message can create a ‘record’ subject to the FOIA. The Public Records Administrator in a Management and Retention Guide for Electronic and Voice Mail indicated that voice mail and answering machine messages are considered “transitory in nature and may be deleted at will.”

However, there may be times when certain messages could later be used as evidence and should be retained for the same period that would apply to a written record of the same nature.

A committee created by the board is also considered a public agency, even if no members of the board itself are members of the committee. For example,

a school board improvement team created by the board are subject to the FOIA requirements. Committees created by the superintendent, who is considered a public official under the FOIA, are also subject to FOIA requirements.

In addressing the issue of email retention, the Public Records Administrator found boards of education are responsible for establishing guidelines for which of the three categories email messages are placed.

The three categories are “Transitory, Less than Permanent and Permanent.” The federal Rules of Civil Procedure address electronically stored information also. The federal rules do not mean that every last bit of electronic information must be retained. School districts need policies that make clear what documents must be saved and when they can safely be discarded.

This is addressed in CABE’s policy #3543.31, “Electronic Communications Use and Retention,” with an accompanying administrative regulation. This is a recommended policy for inclusion in a district’s policy manual.

Electronic Communications The board is authorized to discuss district business only at a properly noticed board meeting. Other than during a board meeting, a majority or more of a board quorum may not engage in contemporaneous interactive communication, whether in person or electronically, to discuss district business.

The quorum need not be present at the same place or time. There is a meeting whenever there is communication by or to a quorum of the board, whether in person or by electronic means. Properly posted, a meeting may be conducted under FOIA by conference calls or by other electronic means.

Electronic communication among board members and with the administration can be an efficient and convenient way to exchange information. However, it must not be misused to deliberate issues that are appropriately discussed only in a public meeting.

Therefore, board members and administrators must exercise caution when communicating between and among themselves via electronic messaging services such as but not limited to email.

At times these communications may be considered school district records subject to public disclosure.

Electronic messaging communications should also conform to the same standards of judgment, propriety and ethics as other

forms of board-related communication.

When communicating electronically, board members and its administrators should adhere to the following guidelines: 1. Board members shall not use email or any other electronic messaging service as a substitute for deliberations at board meetings. (A board member may discuss district business in person or by electronic means with less than a quorum of other board members at a time.

However, a board member should not facilitate interactive communication by discussing district business in a series of visits with, or use of emails or telephone calls to, board members individually.)

2. Board members shall be aware that email and email attachments received or prepared for use in board business may be considered public records that may be open to public disclosure, upon request.

3. Board members shall avoid reference to confidential information about employees, students, or to others in email communications because of the risk of improper disclosure.

4. Board members shall adhere to the district’s “acceptable use” policy in all email communications and refrain from sending inappropriate, profane, harassing or abusive emails.

5. The Superintendent or designee is permitted to email information to board members. This can include board meeting agendas and supporting information. When responding to a single board member’s request, the Superintendent should copy all other board members and include a “do not reply/forward” alert to the group, such as “BOARD MEMBER ALERT: This email is in response to a request. Do not reply or forward to the group but only to the sender.”

6. Board members are permitted to provide information to each other, whether in person or by electronic means, that is non-deliberative and non-substantive. Examples of this type of communication include scheduling meetings and confirming receipt of information.

See IMPACT OF FOIA page 15

15

The Journal – Connecticut Association of Boards of Education/April 2016 IMPACT OF FOIA (continued from page 14) 7. A board member should include a “do not reply/forward” alert when emailing a message concerning district business to more than one other Board member. The following is an example of such an alert: “BOARD MEMBER ALERT: This email is not for interactive discussion purposes. The recipient should not reply to it or forward it to any other individual.”

8. Board members are permitted to discuss any matter except district business with each other, whether in person or by electronic means, regardless of the number of members participating in the discussion.

(For example, they may discuss league sports, work, current events, etc.)

9. If board members are networked to the district system, the following may be appropriate: Board members shall not reveal their passwords to others in the network or to anyone outside of it, except to the system administrator. If any board member has reason to believe a password has been lost or stolen, or that email is being accessed by someone without authorization, he/she shall notify the Superintendent of Schools immediately.

Some boards are now using paperless board meetings (CABE-Meeting), a type of electronic communication among its members and the administration, that is an efficient and convenient way to exchange information pertaining to board meetings, but it must not be misused to deliberate issues that are appropriately discussed only in a public meeting.

Therefore, board members and administrators need to exercise caution when communicating between and among themselves via electronic messaging services including but not limited to surveying, email, and internet web forums.

Guidelines Some guidelines to consider regarding the conducting of a survey on an issue among board members using electronic means include the following: 1. Board members shall not use surveys, email or any other electronic messaging service as a substitute for deliberations at board meetings.

2. Surveying will not be used for topics referring to confidential information about employees, students or others in email communications because of the risk of improper disclosure.

3. The district will avoid the appear-

ance of conducting board discussion or actions, in which opinions are exchanged among a quorum of board members through repeated survey questions and answers, outside an open public meeting.

It is recommended that the board annually review its electronic communication policy and practices with the board attorney.

Bylaw #9327, “Electronic Communications among Board Members” pertains to this issue.

SHARED

(continued from page 1) existing “collaborations” between municipalities, boards of education and other community entities that make sense and save tax dollars.

This paper was designed to offer examples of shared services and to stimulate ideas among towns, boards of education, administrative employees and their respective boards and commissions of ideas that work. The paper not only provides case studies, but local contacts for follow up on projects that may be of interest.

This paper is available as a community service, free of charge, on the CASBO web site: www.ct-asbo.org/news/ 272597/CASBO-Shared-ServicesWhitepaper.htm under news.

DISTINGUISHED (continued from page 1) forefront of his decision and discussions as chair of the Education Committee. He has been open to conversations with CABE on numerous issues in this large Day on the Hill capacity and for the brief hallway “we would like you to support” kind of a way and has ALWAYS entertained our positions.

He has proposed solutions to the ever growing special education burdens on districts. Representative Fleischmann led the Education Committee through the big “Year of Education” reform and lived to tell and reform again!” In receiving the award, Representative Fleischmann said “I have learned so much from you…you always take a constructive, problemsolving approach”.

Senator Gayle Slossberg (Milford, West Haven) has served in the Legislature since 2005. Ann Gruenberg observed that Senator Slossberg “has jumped into her leadership role on the Education Committee with warm spirit of involving many in her decision process.

Whether it’s a late night call just to get our perspective on a concept or seeking us out for language to better draft a bill, she welcomes CABE’s input”. Senator Slossberg said “This is one of the most important awards I could receive”.

Congratulations Representative Fleischmann and Senator Slossberg!

16 The Journal â&#x20AC;&#x201C; Connecticut Association of Boards of Education/April 2016